Tag Archives: Sony

May 5, 2016 · 23:25

Is it just me?

The Guardian had an interesting article yesterday. For me it is interesting because I might not be getting it. You see, in my mind, certain issues are clear as water. Pink is pink and Green is green (avoiding a Black & White issue). So when I read ‘Bill forcing people to prove nationality slammed as discriminatory‘. So when we see the quote “The Conservatives want to give police and immigration officers the power to order people who have been arrested to state their nationality and require those believed to be foreign nationals to produce their nationality documents, such as a passport. Failure to do so within 72 hours would become a criminal offence under the policing and crime bill currently going through parliament“, I saw no issue, or perhaps better stated, not a large one. The question initially is how far does ‘such as a passport’ go?

Not everyone has a passport, or the means to quickly get one. So ‘such as’ should allow for a little bit of leniency. So when I saw the defence “But concerns have been raised by civil liberties groups, as well as some immigration and policing experts, that people will be targeted because of how they look, their accent and their skin colour“. Is that all they have? The UK has a fluctuating amount of immigrants. The numbers tend to be around the 750K, which gives us that 1.1% is in the UK illegally, impacting the British way of life. Something needs to be done and by far the illegal part is not from Sweden, the Netherlands or Ireland, but from Eastern Europe, Africa and Asia. So how are accent, colour and skin tones not valid reasons?

This is not about discrimination, this is about finding illegal visitors.

In my view, going from “Sara Ogilvie, policy officer at Liberty, the civil rights organisation, said: “The only grounds on which police could decide someone might not be British are their appearance and their accent, so the very basis of this policy is discrimination“, I would state that Sara Ogilvie has lost the plot. Ideology in a time where nations go bankrupt because of overprotection against those who do not respect or abide by law, how can those laws be just? How can this work? The reason why the UK is willing to dump the Human Rights Act because it has become an anchor that protects the transgressors and blocks the victims as well as the prosecutors. How are Civil Rights valid, when they are used by criminals and transgressors to secure their activities?

The second quote “The government aims to remove as many foreign national offenders (FNOs) as quickly as possible to their home countries, to protect the public, to reduce costs and to free up spaces in prison” is equally damning, but now towards the government. You see, the part “Foreign nationals comprise 12% of the prison population in England and Wales“. The issue here becomes less about the FNO’s, it becomes the issue of establishing his real identity. Still, the quote “successful identification is particularly difficult where an individual is not carrying a document at the time of arrest” remains true and the additional quote “Making it a criminal offence for a person arrested to fail to produce a passport on demand or state a nationality is unnecessary, heavy handed and carries its own risks. A police officer need only suspect a person is not a British citizen to demand a passport” remains in opposition. Why is there such an opposition against identifying one’s self? I am not against a right of privacy, is it however such a stretch to require to identify one’s self to be able to hide behind this right of privacy?

I am taking intentionally this chicken and the egg view for a very simple reason, the law applies to the established population, a British one!

Now, I am aware that my approach is equally flawed to some extent. Yet to some extent the overprotection of the populous has impacted that the bulk of criminals are better protected than the rest or the victims. The Huffington Post stated it in an interesting way in the headline “‘Human Rights Have Become Dirty Words’: Lord Anthony Lester On The Five Things We Should Fight For“, which is close to the heart of the matter, Human Rights have become dirty words, that is not an imagination, in equal measure we ignore one bit, you see Lord Lester writes in his new book ‘Five Ideas To Fight For’, the need to fight for human rights, equality, free speech, privacy and rule of law. I do not disagree with Lord Lester, yet the fact that these elements have proven in the past to be more protective to the criminals and transgressors than the population at large as well as the victims of criminals and transgressors remains a fact too. Legislators have done too little to protect victims at large and hid behind what is a legal act of humanity and not on the rule of law to protect victims.

Lord Lester has additional info (at http://www.huffingtonpost.co.uk/entry/human-rights-act-lord-lester_uk_571f9574e4b06bf544e0ce6f), the article states: “Lester does not believe the public share the media’s loathing of the HRA. As a Lib Dem member of the Bill of Rights Commission, he took part in two public consultations, travelling across the country to hold seminars, conferences and debates“, I personally believe that this is not correct. As the British way of life was decimated, the quality of life has been drained to below the minimum, there are plenty who are abandoning several Acts if that changes things for them. The press is part of the problem as they have been ‘illuminating’ events for maximum effect, drama and circulation by not truly informing people. That applies to well over 90% of all papers.

So where is the solution?

To protect Human Rights, to protect a humane way of life requires legislation to be adjusted to set forth and set on the first need, the victims, under a rule of law where victims and not transgressors are set in a first light. The Human Rights Acts became folly when it set the victims and criminals on the same level, with equal rights. That level was the first folly to undo a century of growth. The HRA is only the first step. Turkey is throwing fuel on the fire in several ways. Now that the EU has buckled like a wet tissue, we get ‘EU conditionally backs visa-free travel for Turkey, unveils asylum changes’, which ABC released yesterday. The first quote that will unleash hell is “The European Commission also unveiled an overhaul of its asylum system under which member states that refuse to take a quota of refugees will be fined“, this implies that self-governing is no longer an option, or only an option at a price. A forced ruling that could bankrupt anyone. An initial layer of protection could be to reinstate capital punishment. That gives governments the options that those who transgress beyond acceptable levels are put to death or incarcerated for all time. That is the part that these Human Rights Activists refuse to accept. The need for accountability in Bankers and Beggars alike, Residents and Refugees held to one account!

In my view, my personal opinion, I reckon that this act should be decently enough to push the British population to a level where we see a stronger push towards Brexit. The quote “Turkey has threatened to tear up the March agreement to take back asylum who cross the Aegean Sea to Greece if the EU fails to keep its promise to allow Turks to travel without visas to the Schengen area by the end of June” completes the deal. A nation that with the population of 78 million has a GDP that is at least 10% less than the Netherlands who achieves the same with a population 78% smaller. I will ignore the corruption and criminal indexes, places where Turkey does not score well, what is more important is the dangers that Turkey represents. The Greek refugee pressures due to corruption or utter inability of the Turkish government to stop refugees and smugglers. A nation bordering Iran, Iraq and Syria. That is the nation who is receiving free passage into Europe, whilst it has shown to be untrustworthy on several occasions?

If would amount to giving the European presidency to the Norwegian Hel, daughter of Loki, which in light of the flaccid politicians on a near global scale seems such a well-adjusted truth. In all fairness if this comes to blows than Norway would be one of the few nations left in Europe, for how long is an entirely different question.

So how wrong is my view?

I will forever work from a setting where I am wrong, for the mere reason that not digging and critically opposing my own view is the only way to find a balanced conclusion. You see, the BBC reported that ‘EU referendum: Turkey joining EU ‘not remotely on cards’, says PM‘ is not incorrect, yet when refugees are combined with millions of Turks start looking for a ‘better’ solution and the Turks get the legal run of the land? How many infrastructures will collapse within mere months? That fear is clearly over illuminated, including by me. I do not believe I am instilling fear, but instilling reality (don’t we all claim that same thing?).

Consider the parts I mentioned. Not just now, but over the past few months. Europe has failed the UK and other nations for a convoluted image that has no bearing on reality, whilst the coffers that would support any life resembling this have been drained by people who will walk away from that Europe and await until this generation rips itself apart, Which does not seem to be too realistic a view, I will immediately admit to that, yet as we see how ‘taxable’ dollars move away, whilst politicians remain unable to change anything, other than emotional posturing. How much taxation has been collected?

The Mossack Fonseca case has shown the following, in the Times of Malta we see “The Times of Malta is informed that Adrian Hernan Dixon Sanchez, who has been in Malta since the opening of Mossack’s representative office in May 2013, tendered his resignation last week. He was immediately replaced by two other directors, Juergen Mossack Herzog and Ramon Fonseca Mora – both residing in Panama“, in addition we see that over the last month the people seem taken aback, some quit, some moved on, but there are no actions coming any day soon. You see all the emotional posturing sounds nice, but so far NO ONE reported on any crimes, there is no evidence and due to the hack, most ‘evidence’ would end up being non admissible. All that press coverage wasted on an issue that is unlikely to go anywhere. We see quotes like ‘what you need to know‘ and ‘Mossack Fonseca was a hack waiting to happen’, all emotion, too little facts. Even the way the hack was done remains a mystery. We see more links to Sony and how Cyber threats are a thing of today, yet in all this, such precision is either from the inside or requires hardware only large governments can access. This is not a conspiracy theory, this is fact. You see, the other option is that Mossack Fonseca became reckless. Reckless on a multibillion dollar environment. I will let you decide! Just consider Greece and the near 2100 wealthy people who siphoned billions away from Greece. In those 3 years, how many taxable billions came back to lighten the load of Greece? A nation only weeks away from the next debt crises. I will admit that the last one has additional pressures from Refugees, but clearly there are no solutions in sight, with or without refugees!

Why is this last part added?

You see, whatever humane path is to be trodden, it will require massive funds, funds that are nowhere available to be taxed. Corporations played the politicians so that legislation never happened. Now most governments have no funds to deal with even the smallest required refugee option. That is at the core of the problem and many people are seeing the rains come, this fuels Brexit. In that same light the UK could end up dropping the Human Rights Act. There is enough doubt on whether it will truly happen, but overall the Human Rights Advocates remain ideological in an age where pragmatism is called for. I believe that to be a massive reason for the swing we are seeing.

I could be wrong and it could just be me!

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Tagged as ABC, Adrian Hernan Dixon Sanchez, Bill of Rights Commission, Brexit, Conservatives, foreign national offenders, Greece, HRA, Huffington Post, Juergen Mossack Herzog, Lord Anthony Lester, Mossack Fonseca, Ramon Fonseca Mora, Sara Ogilvie, Sony, Turkey, UK

April 27, 2016 · 18:19

Lessening the consumer?

After yesterday’s Ignoranus Totalicus it seemed to take another look at this level of ‘brilliance’ (read: active attempt to use sarcasm). And it did not take much time to find it. You see, whenever greed is at the foundations of things, less bright decisions will be made. And that issue was already the case at several places in that industry. Now, it is off course important to make distinction here. The makers do not seem to have this need, other than the righteous desire for the funds of their product. Yet, there is more than one side to the issue at play (isn’t there always?) One of the issues is facilitation. Here we see, as I see it, the consumer betrayal Sony is now starting to give us, which is only now starting to take shape. I initially wrote about this in ‘Pricing a Sony game!‘ in November 2013 (at https://lawlordtobe.com/2013/11/20/pricing-a-sony-game/) this issue was raised, but in another shape. You see Don Mattrick made this speech on how the Xbox One would be mandatory. It drove the public on mass away from that system into the hands of the PlayStation 4. Now we see that Sony is slowly breaking that promise. In the first case (Fallout 4) there was a possible issue as Microsoft has never made the online ‘need’ a secret, which is why people have been flocking towards Sony so strong. Now we see quite a different scene and it is soon to get worse. For me it is the issue of a different matter, it is the part that now stops me from playing fallout 4. You see, a small accident broke my router, so when I initially started the game, whilst in the end of Automatron it told me that the DLC could not be found. Only after I got back online would the game load correctly with DLC and all. Now we get the second part, the fantastic achievement Ratchet & Clank, which came with a weapon called the bouncer (DLC code) was suddenly gone when playing offline. When I got back online, it was still gone and I had to purchase it again and got it at level 1 (purchasing it offline was not an option.

I personally do not believe it is a bug, or an oversight. It is merely another way to ‘force’ people to work online. You see, I have had a few issues with article 7 of the Sony service agreement in those days. The fact that games could no longer be pre-owned, which was my only issue. Even as I personally believe that people should be able to exchange their old games with other ones (just like books, records and movies). I do not have that sentiment when we look at DLC’s. They are separate additions to the game and as such often sold for a mere few dollars. So as the game goes, so do the DLC’s. I have no issues with that. Yet, the need to be online so that the DLC works is another matter. That has never been a requirement in previous systems. I see this move a mere attempt to keep a flair of innocence whilst now Sony and Microsoft are using other ways to force people to be online. They were already, in a feigned way, trying to keep people online by denying gamers their achievements, now the DLC’s seem to be become part of the additional pressure to keep people online. Online data is to be regarded as the profiling data mine of the future, and both Microsoft and Sony want their share of that coffer. So far the only two are Bethesda with their new DLC’s on Sony PS4. On the Xbox One Bethesda had already changed their way as it would not proceed the game without online logging in from the moment Windows 10 became part of the Xbox One, now this need has been added to the PS4. In addition, Ratchet and Clank has added them to the downloaded weapon (I have only one). It seems that the online push is going through. The rights of gamers now starting to be diminished, forced online against their choice (those who prefer to play offline), this issue had been in play for a while and the press had been very interested in ignoring this issue in the past, especially as the changes given came two weeks before the release of the PS4, like any decent prostitute, the press at large would hold off as much as possible for the need of advertisement and circulation. I wonder how the press feels after 3 years, now that it is less about advertisement?

It is hard to state how I feel about this. I am online often enough, but when you cannot continue a game because of a broken router and two weeks away from a pay check tends to make most gamers a little irritated. That is the part most of us know. The other group of gamers, the ones Americans (and Japanese) tend to ignore are the rural gamers, those with less online options, no great connections and those relying on wireless broadband, depending on 5 pounds per gigabyte, those gamers are soon to be left in the cold. Short-sightedness of a small group of people who look at the 90% of their flock and casually forget about the potential 3 million people forced to higher expenses. This is not a local group, there are several groups all over the Commonwealth, all requiring some connectivity to keep on gaming.

A nasty dilemma for those faced with it, a minor inconvenience for those greedy for data revenue. It is irritating how easy those deciding voices seem to ignore the need of the few. Sony has now illustrated itself to be no longer about being ‘for the players’, they are now the players who will exploit at the expense of the gamers, a simple path that was delayed for a mere three years. Now, it is back on track. Yet the interesting part is not just the choice Sony made, it is equally interesting that Japan today reported (at http://www.japantoday.com/category/politics/view/clinton-pivots-from-obamas-asia-policy-with-tpp-opposition). Here we see thee quote “The TPP has been the main economic plank of President Barack Obama’s seven-year effort to intensify engagement with a fast-growing region and counter China’s rising clout with nations that count it as their principal trading partner“, which seems to prove that being the lame quack quack in the White House comes at a price, one that could now cost him a 7 year plan as it falls away completely. The fact that both sides of the American Isle regard the TPP as a disaster can’t be a good thing, apart from the fact that people all over the world had issues with it. There is more to the TPP, partially it does affect the digital world as well. The digital world (read: gaming as a mere fraction here), would be under massive duress due to the TPP, that is still an issue, but it seems to me that it now realises that the bulk of gaming might no longer be coming from the US. The shift of indie gamers is growing strong and even though this is extremely likely not the cause of action by Hillary Clinton (read: most likely financial and pharmaceutical industries), we might see a flitter of hope for gamers as they could profit from the events playing at present and as such, it is not entirely impossible that Microsoft and Sony will have to do a 180 on their current path of forced connectivity.

The last part is a mere speculation on my side, but not a farfetched one. I reckon that the DRM part of the TPP gave path to the ideas Microsoft had initially. The parts we hear now is not a given, one article is not a guarantee for any about face. Yet, the fact that both sides in the US were never happy with the TPP is an initial good sign. If we consider the DRM, than there are sides. Yes, I agree with the quote “deprive the public domain of decades of creative works“, yet in that same part I personally feel that when Bethesda makes digital content, it has every right to sell this material. I would never oppose this, yet if this requires mandatory online presence than the systems are either massively flawed (which is not likely the issue), or just a new path for Sony to walk and Microsoft will be walking the same path.

In the end, consider what you want, take the path you want, just consider that corporations will find a way to the profit they consider they are entitled to, games are just one medium. Which is exactly what seems to be happening in the world of Facebook at present. You see, Facebook doesn’t need to rely on connectivity, when you are on Facebook, you are online. Facebook shows us the next iteration of limited special deals, or perhaps we need to call it ‘intentional discrimination’.

You see, when we see certain special offers and we get the text: “Couldn’t Complete Purchase: We didn’t receive all the information we needed from this app to complete your purchase. You haven’t been charged for this purchase, so please try again. If you keep seeing this error, contact the app developer”, we are given the impression that it was a mere error. Yet, the truth is a lot harsher than you imagine. You see, when the ‘normal’ purchase works without issues, it is no longer about a mere error. The special deal is about collecting information. A special deal that gives you a trinket for the mere option of collecting identity and credit card details. The issue is that the special deal does not give clear indication of this, it does not state “in exchange for your credit card details we will give you an extra trinket”, so why does the offer not show this? Perhaps I am just assuming that and it shows that my assumption is wrong. That would be fair enough, we are all wrong at times, which is why I await initial feedback from Facebook and when that response comes, I will update this story.

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Filed under Finance, Gaming, IT, Media, Politics

Tagged as Automatron, DLC, Donald Trump, DRM, Facebook, Fallout 4, Gamers, Hillary Clinton, intentional discrimination, Japan Today, Microsoft, President Barack Obama, PS4, Ratchet and Clank, Sony, TPP

November 17, 2015 · 23:03

Without even thinking

As I see it, Microsoft did not learn from the massive act of idiocy that Don Mattrick bestowed upon the Xbox One, when the quote “Microsoft’s Don Mattrick has addressed concerns about the compulsory connectivity requirements of Xbox One. ‘Fortunately we have a product for people who aren’t able to get some form of connectivity; it’s called Xbox 360,’ said Mattrick. ‘If you have zero access to the Internet, that is an offline device’”, the blowback in 2013 was massive and as such Microsoft had to take a few steps back, mainly because Microsoft had lost the trust of the people through the mere lust of data.

And now, without even thinking, Microsoft now does exactly that same thing as they rolled out Windows 10 on Xbox One. Once you have updated, you cannot play any games unless you have signed in online. A mandatory sign in! I reckon that Microsoft has now moved beyond a certain point, it is called betraying your customer base, so fuck you very much Microsoft!

Thank god there is Sony!

Without even thinking they pushed it out, forcing mandatory internet connectivity, the threat that made people jump towards Sony due to ‘the Mattrick equation’ will now assist to soar Sony’s PlayStation 4 even further. So if Phil Spencer gets a lovely bouquet from Andrew House we will all know the reason. So as this mistake was made just in time for the people of America just before Thanksgiving and for all other people before Christmas to cancel their Xbox One order and change their order to a PlayStation 4.

There will still be an issue for me; you see to keep the PlayStation competitive it needs a nemesis. If we accept that the Xbox will run dry another solution needs to be found. Perhaps Google will father a sibling next to their console and make one for true high level gaming. Perhaps it will be an upgraded Steam based reality, perhaps something truly new. They might be the only one who can replace Microsoft. I reckon that is not the only field where Microsoft will lose. As it has ‘mesmerised’ the media with a massively overpriced tabled with a soft keyboard (the Surface 3) at almost twice the price of the most powerful iPad, being at almost 400% of a Chromebook that can be stronger from the word go by inserting an $80 CF card you get the 32Gb storage the surface has (they have bigger models too), yet these CF cards can be switched in mere seconds. This is not me becoming anti-Microsoft, this is me informing the consumer that they should not take any ‘easy’ path but they should consider that alternatives should be considered. The fact that Microsoft becks out on their earlier promise, how long until they break other promises? What options will they have AFTER they paid $2293 for a Microsoft Surface Pro 3?

Yes, we cannot deny that there is still a market for Microsoft, but they are now pricing themselves out of a market by no longer being reliable, because how long until every device is forced onto the land of THEIR cloud systems and how private will your data be? Part of that was addressed by ZDNet today, the rest (the press at large) seemed to have ignored the Xbox issues. Perhaps they decided to hold out for advertiser’s funds like hungry debutants! Yes, the press is not the reliable force of true information it ones was.

ZDNET gives us another part that connects to this (at http://www.zdnet.com/article/microsoft-updates-privacy-statement-addressing-concerns-from-critics/), stating “Microsoft recently revised its global Privacy Statement, with a few minor changes and some significant additions aimed at cooling overheated privacy concerns“. The article is for the most about the user’s privacy and it goes into lengths to do that, so if you fear your ‘privacy’ then read the article and fear no more. The article addresses it quite clearly but then stops short of dealing with the mandatory login (which was not part of the article in all fairness), which is now one step away from ending preowned gaming. An entire economy now in direct possible threat.

But back to the consoles!

The fact that this escalation has happened is also a blessing now, because as people realise before Thanksgiving that whatever Microsoft device is gifted at thanksgiving, it will be the thanksgiving present for Microsoft, not for the intended person that would be the recipient of the console, so How crazy is that?

Thank god we have Sony!

Between now and late 2016, the PS4 will have 15 titles on its sleeve that are PS4 only, some of them have been jaw dropping, as such PS4 remains the compatible system that does not demand you to be online, yet until the Achievements remain offline, that part is not too realistic. Sony has in addition kept its word throughout the PS2, PS3 and PS4 era, something that cannot be said for Microsoft as the promised backward compatibility on the 360 was not delivered on and now that it has some backwards compatibility, the issue of being forced online is a massive setback to gamers all over the world.

Thank god we have Sony!

Sony is not without flaws either, yet this level of backstabbing has never been ‘offered’ by Sony, which gives Microsoft now a massive disadvantage with Thanksgiving and Christmas just around the corner, so the gap between Sony and Microsoft could widen even further. When we consider that Sony has a 2:1 growing lead and even as the Microsoft Marketing engine is trying to flog statements like “Sony PlayStation 4 sells 22 million, but Microsoft has backward compatibility“, whilst not revealing that online presence on a daily basis is now mandatory gives food for thought and the served meal is no longer that appealing.

In all this if Xbox takes another massive hit, so much the better, they need a little humbling experience, because even though the gamers tend to be online, to be forced there is not what they signed up for and if Microsoft is breaking its word, what else will it break its word on? Pre-owned games perhaps? Because if this is where gamers are going, they will be happy to switch trains any way they can. Microsoft just didn’t realise the impact of that move, the worse for them I say!

In the end, what are the fact of life? The people do not mind being online, they mind being forced there, no matter how we feel about some marketed stream of ‘media’ like the Sydney Morning Herald (at http://www.smh.com.au/digital-life/games/xbox-one-finally-finds-its-feet-with-backwards-compatibility-gamesfocused-dashboard-20151115-gkzq7p.html). Is it not interesting how Tim Biggs remained unaware how people MUST be online now so that they can sign in?

Thank god we have Sony!

Yet in all this, we have ignored an alternative player, perhaps they will come with a new console called ‘the Black Hole’, a device that equals the next ‘PS4+’ allows for gaming, internet and streaming. That has an interchangeable drive and can be the centre of your devices to you can synch your mobile and tablet. All things the gamer does, all this whilst he/she plays a game, by themselves or with/against friends. Connected was never the issue, it was the non-consensual part that had everyone miffed, so if you do something you truly want, yet you get there without consent, does that not equal getting screwed over?

They did that to you without even thinking and the press stayed silent how lame is that?

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Tagged as Andrew House, Chromebook, Don Mattrick, Microsoft Surface Pro 3, PlayStation 4, Sony, Sydney Morning Herald, Tim Biggs, ZDNet

October 14, 2015 · 00:20

A lesson learned late

We all have this, we stump our heads into a wall, some in ignorance, some through stubbornness, ideologically and the last group through determination. I am one of these four. As I bring the bad news first, I need to talk about myself. I got an extension on a test which might not be a massive one in points, but I am in a state where every point counts! Hoping to save up to 15 points on a test 44 pages long. My little big horn is a ‘Memorandum of Detailed Opinion‘. I still have 30 hours of work actual to go and I had to restart as I was turning my ‘Other Applicable Revocation Issues’ into a mesh of Titanic distraught and the deep dark feeling when you are at the top of a truly high building (like the Hancock building) and you see the street 100 flights down, that one step through the glass looks suddenly so appealing, such dread! I feel a little better, especially as I started fresh again, things are slowly adding up, connections are now coming to life. the smallest issue I had initially was a part in section 40 of the Patents Act 1990 ‘disclose the best method known to the applicant of performing the invention‘, this and a personal believe that my professor was intertwining ‘best method’ with the mathematical approach to describing Cantonese had an impact too. Yet those feelings were all between my own ears. You see, this is the first subject ever in history, where I got confronted with the limitation of my thinking. This has never happened before! We all face the music that we do not get something, but in most cases someone explains, someone aides or you find a supporting document that helps you. We all have that. No, I mean that feeling you get when your life depends on the next conversation and the one part you were not told is that everyone speaks Aramaic, that level of non-comprehension!

Yet, I also feel stronger today, because the light suddenly came on and I am starting to put it together. I took longer than I expected and if I had not been confronted with bad news last week that stress would not have stopped me from completing my assignment. Getting told you need to find another apartment tends to do that to a person whilst his exam just started. So as I finished my notes for tonight, prepping to get loads done tomorrow, I had to write this. You see, this intersects with something I read yesterday on my mobile, I believe.

That part was about Xbox boss Phil Spencer. Microsoft has always been about ideology and ignorance, so to call this part ideological ignorance is not too big a leap. Spencer stated that he was not interested in beating Sony, he was interested in gaining customers, as many as possible. In my view, his predecessors ‘messed’ it all up. I reckon not intentionally. In my view Microsoft was convinced that the TPP would have been in effect now and the steps initially made towards the XB1 would have been massively exploitative, with the law allowing them to destroy certain markets (the preowned game market for one). This all took a step back towards a streaming enterprise that did not quite make it off the floor. The 2013 promise of a 300,000 servers for gamers in one cloud. The quote is in light of the backwards compatibility claim a little hilarious: “Microsoft’s Don Mattrick stated “If you’re backwards compatible, you’re really backwards”” (at https://lawlordtobe.com/2013/05/24/spin-dryers-by-microsoft/). Even then I claimed how stupid the 500 GB thought was. Sony made the same mistake, but with the Sony version a person can update when he/she is ready, the XB1 does not allow for that. In that same article I chewed on some of the presented facts: “Their on-line system is now getting grown from the initial 15,000 servers now that Xbox 360 uses, to 300,000 servers from the moment the next Xbox is launched. It is a 2,000% growth in data collection and over 200,000% storage capacity. If foundations of business are set to return-on-investment, then ask yourself why a gaming system requires that level of growth“, a question that was never answered, but with the TPP, the streaming and the data requirements, it was about the gamer, it was how he/she could best be exploited. That was the view that my mind saw and so far I have been proven correct in almost every way. The next quote supports all this “In all honesty Microsoft Marketing did state that there will be pre-owned possibilities, yet they have not officially stated how this EXACTLY will play out, so we await clarity by Microsoft“, consider that part, if the TPP would have been in effect that part would have costed gamers dearly, so in all this, we can speculate that Don Mattrick was no more than the bearer of bad news and his career took a massive tumble. Now we get Phil Spencer and how this is about gamers. A 2 year stretch that now demands a 145 degree course adjustment. The weird thing is that if the decision makers realised their audience in the era of Xbox and Xbox 360, they should have known what gamers wanted, and adjusting that with their own view of exploitation is a misplaced view to say the least.

So as I see myself ignorant and determined, I also see Microsoft as ideologically ignorant. Ideological in their pursuit of maximising profit any way they can and ignorant to consider that gamers would take this lying down. Microsoft now set at less than 40% of what Sony has, losing the market share the 360 had grown, how stupid is that? The big issue is still that Mettrick and Spencer leave the feeling of being no more than puppets on a string, jumping to the needs of the decision makers behind the screens of Microsoft. Their strings to be cut at a moment’s notice. It is the second failing compared to Sony. Yet, in all this I must admit that Sony is likely to work in similar ways, but in a much better setting as their focus has been the gamer for 4 iterations of their console. That does account for something.

I feel that I learned my lesson late, hopefully not too late and the next two weeks will be about work 24%, study 48% and the rest is about trying to get sleep, food and an apartment. I feel strengthened as my eyes open towards the issues I could not solve for almost 10 days. I also feel better as Microsoft seems oblivious towards the gain they lost whilst they should have known better, in that respect Gamespot (who was source to most of the Microsoft information) should also have known better and as they seem to hide behind the PS4 vs XB1 console war, they have done too little regarding the investigation on the business decisions that did hurt a contending console and forced it towards a gloomier place. We can all admit that backwards compatibility will gain them momentum, yet in the end it will be about good games and yes, Microsoft has done a decent job, but with the lost field, decent will not hack it.

So I end this article with a personal message to Phil Spencer. Phil, I am not blaming you (which would be unfair), I am not having a go at you (which would be too easy), yet I will do your job for you this one instance. There is a game coming, it is nowhere near ready at present, but it is getting there. It is for PC and it has the option of becoming every bit as addictive as Minecraft currently is. So another masterpiece by an indie developer! The game is called Heat Signature as it shows massive promise. This game could propel the XB1 even further. The quirkiness and the connected options for multiplayer could be next thing people desire. The single player part is showing real promise. So instead of waiting and having to shell out another 2 billion for a game Microsoft didn’t create, so how about getting in front of a repetitive timeline for a change?

Heat Signature (heatsig.com) is able to be uniquely placed next to Elite Dangerous, Eve Online, Star Citizen and No Mans Sky. It can exist next to all of them and will be as entertaining to all those who play the other mentioned titles. I suggest that you keep your eye on @HeatSig (Twitter address) and feel free not heeding my word (I have only been wrong 4 times in the last 30 years when it comes to gaming), so I am due another failure. Yet the stats go hugely my way and as such I predict that Heat Signature, a Tom Francis production which was, as I remember it a Johnny Chiodini discovery evolve into a true contender for being the next big thing (as an indie developer title).

In all this, am I too ideological when it comes to gaming? That is a fair question and I must ask this from myself if I want to remain connected to a field I have been involved in since 1983. I believe so and games like Fallout 4 show my view to be a good one. In equal part Elite Dangerous shows that true passion for a game can last decades (something Blizzard also proved with the Diablo series) and in all this Ubisoft squandered it and Microsoft rejected their view only to get bitten on their sitting area really hard. The future belongs to the believers, because faith has always been the most pure and natural driving force. It got me my law degree it got me to the final stage of my MIP and it can get anyone to their place of achievement. Greed is never an achievement! Will Microsoft learn from their mistakes? That remains dubious because the puppeteers behind the screens remain an unknown. I do believe that illuminating them could shed light on the problem and truly propel the world of gamers forward as the onslaught of counterproductive acts end up getting terminated with extreme prejudice. EA has 7 months left to learn their lesson and not fall into the traps with Mass Effect Andromeda, traps that Ubisoft seems to be unable to avoid. Still, if they are unable to do that, John Oliver will be able to have a little fun here too.

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Tagged as Blizzard, Diablo, Don Mattrick, Elite: Dangerous, Eve Online, Heat Signature, John Oliver, Johnny Chiodini, Mass Effect Andromeda, Microsoft, Minecraft, No man's sky, Patents Act 1990, Phil Spencer, PlayStation 4, Sony, Star Citizen, Tom Francis, TPP, Trans Pacific Partnership, Ubisoft, xbox 360, Xbox One

September 24, 2015 · 22:06

Imperitos idiot

This is a view I have had for a while, it is a view that I have advocated on more than one situation, yet business remains silent, deaf and as they hide in ignorance they are limiting the options they have, in the future and in an acted decimation of one’s own future. The information in the Guardian (at http://www.theguardian.com/us-news/2015/sep/23/us-intelligence-services-surveillance-privacy) shows a title ‘Facebook case may force European firms to change data storage practices‘ that questions certain elements. The quote “a court accused America’s intelligence services of conducting “mass, indiscriminate surveillance”” in the first paragraph is the act of alerting, but is that all?

The Case C‑362/14 Maximillian Schrems v Data Protection Commissioner is the calling entity here. A request for a preliminary ruling.

Let’s take a look at the elements. We see at [25] Mr Schrems lodged a complaint with the Commissioner on 25 June 2013, claiming, in essence, that the law and practices of the United States offer no real protection of the data kept in the United States against State surveillance. That was said to follow from the revelations made by Edward Snowden from May 2013 concerning the activities of the United States intelligence services, in particular those of the National Security Agency (‘the NSA’).

[35] Nevertheless, according to the High Court, the revelations made by Edward Snowden demonstrated a significant over-reach on the part of the NSA and other similar agencies. While the Foreign Intelligence Surveillance Court (‘the FISC’), which operates under the Foreign Intelligence Surveillance Act of 1978, (18) exercises supervisory jurisdiction, proceedings before that court take place in secret and are ex parte. In addition, apart from the fact that decisions relating to access to personal data are taken on the basis of United States law, citizens of the Union have no effective right to be heard on the question of the surveillance and interception of their data.

This all goes back to ‘the revelations made by Edward Snowden‘. I have forever had issues with the ‘revelations’, too many holes, too many issues that from an IT perspective are a given no no. In addition, it assumes a level of ‘openness’ within the alphabet group that does not exist. Such openness has never existed, yet the press and many others have been very willing to blindly accept the events of Edwards Snowden, yet the data was never made bare, the data is filtered and was largely ‘stamped’ as complex, as too dangerous. Yet proper analyses of the data was never made by any person that could be regarded as trustworthy. For now, to underline what comes, I will give you this quote “An intelligence operation is the process by which governments, military groups, businesses, and other organizations systematically collect and evaluate information for the purpose of discovering the capabilities and intentions of their rivals. With such information, or intelligence, an organization can both protect itself from its adversaries and exploit its adversaries’ weaknesses“, the source is not important right now, the impact will be discussed, yet before I do this I want to continue the other elements I started.

Now consider [224] where we see “In addition, the Commission expressly acknowledged at the hearing that, under Decision 2000/520, as currently applied, there is no guarantee that the right of citizens of the Union to protection of their data will be ensured. However, in the Commission’s submission, that finding is not such as to render that decision invalid. While the Commission agrees with the statement that it must act when faced with new circumstances, it maintains that it has taken appropriate and proportionate measures by entering into negotiations with the United States in order to reform the safe harbour scheme“.

Now consider the following thought by transforming the quote: ‘there is no guarantee that the right of citizens of the Union to protection of their data will be ensured‘ into ‘it will be certain that the right of citizens of the Union to protection of their data will be unsuccessful‘. The issue is that moving data will open up a massive amount of dangers, data instabilities and data security hazards. Too many players within the EEC and other places all want their fingers on the data so that they can get a foothold of power. It is THAT simple in my opinion!

All these nations wanting access to data, setting up corporations, all trying to make a quick buck whilst during political manipulating, the security of our data will be available to anyone offering 39 pieces of silver. Before you start listening to people with nice PowerPoint presentations and long winded explanations with considerable non liability asterisks on how this is so not possible consider the following events (at http://www.informationisbeautiful.net/visualizations/worlds-biggest-data-breaches-hacks/). Ashley Maddison might be the most sensual one, but also the most embarrassing. In that same light we can see 145 million records of EBay, Sony, Heartland with 130 million and that list goes on for a long time. So the last thing I want to see is our data in the hands of some ‘seemingly’ ignorant individual, whilst completely unexpectedly and totally against ‘protocol’ the data will make it into the hands of third parties. Now I go back to that other quote, which I will paraphrase: “An intelligence operation is the process by which businesses systematically collect and evaluate information for the purpose of discovering the capabilities and intentions of their rivals and exploit the weakness of its adversaries“. This is what I foresee. This is why the crying over the NSA, whilst handing over health data to parties too unprepared to properly protect that data is more than just a big farce. Now we need to look at two sources. The first is the Guardian on the 28th February 2014 (at http://www.theguardian.com/society/2014/feb/28/nhs-data-will-not-be-sold-insurance-companies-jeremy-hunt), which gives us “Health secretary to provide assurance that confidential information will not be used for commercial insurance“, now Wired three days before that reported (at http://www.wired.co.uk/news/archive/2014-02/25/insurance-companies-buy-medical-records) “Details relating to hospital admissions from 1989 to 2010 were given (for an extraction fee) to the Institute and Faculty of Actuaries. The 13 years of data covering 47 million patients were given to the professional body to help them ‘improve accuracy in pricing’ of insurance“, yet all insurance is commercial, so as data goes, it is out there and too many players want a slice of that pie. Forcing more personal data into any open direction is beyond dangerous. That part can be constructed from http://www.wsj.com/articles/more-health-care-insurers-seek-big-premium-increases-1433206078. “Blue Cross and Blue Shield of Illinois is looking to raise rates by averages of 29% or more. In Pennsylvania, Highmark Health Insurance Co. is asking for 30%, according to proposals submitted by insurers for the year ahead. Around the country, some of the main market leaders are looking for double digit increases“. What do you think in all honesty will happen when they get the option to make healthcare unaffordable to all or unaffordable to some. Data will become the compromise and that danger is a lot larger when it is in the hands of ‘other’ third parties whilst the law is unable to deal with the issues at hand. The US has some strict rules in place that barring national security cannot be broken. Now we see a push towards fields where these levels of security do not stringently exist. What do you expect will happen? And healthcare is not the biggest slice of it all, just the most visible one.

In all this there are issues on both sides, yet at the core the pushed fear for governmental access is a fake and an illusionary one and it is shouted the loudest by people who have a little too much to hide. Hiding for the sake of their ego, their acts and/or the need for continue or renewed satisfaction of greed. Yes, I agree that my view is polarised to some extent, I agree that my view has flaws, but I approach it from a clinical side, whilst the others are all hiding through the shouting and claims set behind the emotions, the push to fear.

In all this I have yet to see the cold light of evidence that the alphabet group is disserving the people. The link to movies and conspiracy theories, nearly all of those claimants with their own agenda, sometimes badly hidden. Yet, in that light, is my view not too conspiracy theory set? I ask that of myself too, because without that consideration it is just a viewpoint. It will remain a viewpoint no matter what, yet consider that when you seek ‘NSA transgressions’ you find very little acceptable news events, with this I mean events that are of a decent level of report. When we look at data transgressions from other parties, that list is growing at an almost exponential rate and the size of the transgressions seems to be increasing, shifting data all over the place is not my first idea of safety.

Is it your choice?

When you decide and it goes wrong, you only have yourself to blame and as I see it, you lose all rights to complain when (not if) it goes wrong.

The next iteration of our lifestyles that what happens over the next 2 generations will all be about data and who has control over it and who gets access to it, which is not freedom.

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Tagged as Blue Cross of Illinois, Blue Shield of Illinois, EBay, Edward Snowden, EEC, Foreign Intelligence Surveillance Act of 1978, Heartland, Highmark Health Insurance Co, Institute and Faculty of Actuaries, Jeremy Hunt, Maximillian Schrems, Maximillian Schrems v Data Protection Commissioner, NSA, Sony, the Guardian, Wall Street Journal, Wired

June 16, 2015 · 23:07

Confirmation!

It is always nice to see confirmation, as the large players have now made their presentation, I see that the battle lines are drawn in my favour, in favour of PlayStation players. Make sure you get this, I am not stating that Xbox lost, or that they have bad games, in the world of games, the ones I prefer to play, Sony delivered! The Last Guardian coming in 2016 is pure poetry by controller, Horizon is taking post-apocalyptic views to a new level and the small demo gives a clear view that we have new levels of gameplay to adhere to. Agent 47 is coming to PS4 and the console is also giving us new versions of the old, classics like Streetfighter, with new and awesome graphics, but the same play line that Streetfighter fans love. I saw a new part of actual gameplay of No Man’s Sky, the vreator (not a typo) was showing it off and getting the limelight he deserved. He is showing a level of exploring never seen before, the more I look at it, the more that I see on how Elite: Dangerous and No Man’s Sky together are the perfect experiences non shooter addicted gamers will likely see this generation.

It is scary, but it is true. Consider the past. Most of those over 30 grew up seeing Steven Spielberg as the one creator of movies. After that we now get on his level Joss Whedon and JJ Abrams (not dismissing any other directors here). In games we had a few more, but over 20 years, the big names have been Peter Molyneux, Sid Meier and Richard Garriott. Now we get Gareth Bourn (No Man’s Sky) and David Braben (Elite: Dangerous). In the ‘old’ days David was the man of one game (one game I loved). Now we see that same game evolved beyond our imagination blowing me away and that is not all, so as we see more exceptional movie makers, we will also see more exceptional game makers. These Virtual Creators (vreators) are raising the bar by a lot, One on Xbox (me growling a little now) and one on Sony. Personally I truly hope that both consoles get to enjoy both games, because no matter which console you decided on, both games are as I see it, an absolute must!

Sony also showed a few games that were out there. Firewatch and Dreams, dreams is completely off the wall. Different and unique, which means it will completely appeal to the artsy gamer. Firewatch is set in Wyoming, pretty much in the middle of nowhere, you’re all alone. A mystery that involves two missing women, so good luck with that challenge. And this is just the top of the games. More clear appeal than Microsoft offered, more pure gameplay we had not seen before and this is before we get more on Metal Gear Solid 5. So both systems have unique offerings, and offerings on both, you the gamer gets to choose what gaming style appeals to you. For me, Sony delivers what I desire (apart from Elite: Dangerous).

Sony did not ignore the younger players. With Disney’s Infinity 3.0 it will be giving the Star Wars universe with a limited 1 month exclusive for PlayStation players. So, parents who want to imbue the passion for Star Wars to their kids, they will have the materials to do just that. Loads of options and exclusives, which will be opened for all others after 30 days, some will remain exclusive until the holidays. At least it is a temporary thing for none Sony players. Looking back at the presentations, it seems to me that we got twice the value from Sony in the same time that Microsoft was ‘hyping’ some of their exclusives.

The best thing is to go to www.IGN.com and look at the Sony presentation yourself, download the movie, watch online of stream it to your tablet offline. Everything Sony showed is telling me that we are in for an excellent year of gaming. I reckon that most of us will have plenty to play until the end of 2016. The show ended with Drake, a smooth introduction movie with a nice twist at the beginning, which shows us that the beginners that brought a ‘Crash Bandicoot’ is still reeling the wow factors of players today, with games like ‘a thieves end’ whilst ‘the Last of Us’ still has not stopped appealing the players. Yet so far, the one part that was never truly answered was the gossip and ‘leaked’ news regarding the Mass Effect trilogy on Nextgen, which seems to be not happening as far as I can tell from the news released, but I did see the question all over IGN, they all accept that for those new on consoles, Mass Effect is an established game that can grab the imagination of new players, whilst fulfilling the desire of the seasoned gaming veteran. So we must wonder how much can we rely on this information as such, if not, then why can you pre-order the game in some online shops (with a clear TBA mention though)?

The E3 is still going on, but for me, the important parts are done. Tomorrow we will see Square Enix and Nintendo. I still have my Wii in a box somewhere, I never got the WiiU and to be honest, I have no intention of getting it. The Wii started strong, was messed up by Nintendo Marketing, as such, Nintendo lost a market share part. Yet, last year they regained a lot of visibility with Splatoon, a game that amazed and impressed, it was released this month. For now, Nintendo has nothing new to offer and what I have (3DS) works really well, yet an upgraded version of a Gameboy advance game alone will not do it. Nintendo has work to do, whilst Sony keeps on amazing. Square Enix is another matter. Deus Ex is the big ticket for me, yet the remastered Final Fantasy VII should not be ignored. So far the news all over the place are stating almost the same. Sony delivered!

So as Sony ended one part of the presentation of Dreams with the music ‘life is but a dream’, I will say: “Thank you Sony!”

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Tagged as Bethesda, David Braben, Deus Ex, Disney's Infinity 3.0, Drake, Dreams, Elite: Dangerous, Final Fantasy VII, Firewatch, Gareth Bourn, IGN, JJ Abrams, Joss Whedon, Metal Gear Solid 5, Nintendo, No man's sky, Peter Molyneux, Richard Garriott, Sid Meier, Sony, Square Enix, Star Wars, Steven Spielberg, Streetfighter, The Last Guardian

June 16, 2015 · 11:16

You decide!

I have spoken out against the (bad) choices that Ubisoft has made in the past. On November 16^th 2014 in the blog ‘How the mighty can fall‘ (at https://lawlordtobe.com/2014/11/16/how-the-mighty-can-fall/), I wrote “Gamers are about done with Ubisoft, ratings that seem decent, but game expectations had not been met. Watchdogs fell short of expectations (rated 8 out of 10); Bug fest (we mean Assassins Creed Unity) launched on all major platforms. (7 out of 10); The last one became Far Cry 4 with 7 out of 10”, issues from gamers and other not so small considerations, Ubisoft failed to deliver a legend status for all of their AAA game. 2014/2015 is to be considered a disaster. Now at E3, we see that some parts are getting delivered, the Division is now a 2016 release (which is not that much delayed when you consider this to have been a 2015 release), yet, again, Ubisoft does present their games really well, which gives them time, yet, relying in a place like the E3 on DLC’s for a 65% game is not a good thing either. I refuse to be negative on a game like ‘Just Dance’. It is not my game, but plenty of youthful gamers (some not so youthful too) reserve a place in their heart for Just Dance, which is fine by me. Questions on the phrasing on the interaction with mobile phones need to be made, as no one (at present) have asked the questions involved. What is novel is the option that could propel the game forward are the streaming service on PC and Nextgen, even though no pricing information is given, it should not be about the price, it is about keeping a game novel and Ubisoft delivered that with this title.

Yet, did anyone else notice that the applause in the audience during was good, but not great? Compared to Bethesda, who blew the roof off the house! We saw many introductions with cut scenes, and even if the Division showed game play, with an interesting closing twist, which makes the entire view great. Also, the gameplay on ‘For Honor’ (4×4) was very good, but what if online play is not your thing? In addition, it is competing with Evolve, which is an excellent game. That does not diminish For Honor. The people saw gameplay and a smooth one at that. I liked the act that I had stayed away from any gossip or screens on that, so it was all new and it did not disappoint. The same could be said for Rainbow Siege. It is better, more realistic tactically speaking (as far as I saw) and graphically far above the norm. It will not be out until the end of September, but so far it looks like a good product. Just this is also the issue with Ubisoft. The presentations were good, not amazing! It did not blow me away like Bethesda did, more than once I might add. And off course there is Assassins Creed Syndicate. It looks smooth, but what the demo also shows is what we have seen too often in the previous moments. The game story depends on too many scripted moments. The coach chase, the tumble over the bridge then the train, a too strong a smell of scripted events. So as Yves Guillemot closes the presentation with the introduction of ‘Ghost Recon Wild land’ with an awesome movie, we need to consider that the words from Yves “surprise you with revolutionising our beloved franchises“, this sounds nice in theory, but that has not been achieved. Some are a strong step forward (Rainbow 6, Ghost recon), some are more of the same but as I see it, none showed true ‘revolutionising’ steps. A quote from a marketing department that now hangs like a chain around the neck of Yves Guillemot with the weight of a tombstone.

The IP they have is diminishing, trying whatever they can to revitalise the games that have missed their target. It will soon be about the reception of new IP (For Honor), it is holds up, that would be great for Ubisoft, if it falls short (gamers can be a merciless audience), the value of Ubisoft will take another pounding. It is not done yet. The consequences of AC: Unity are still felt. When we read (source: Softpedia and several others) “The latest thing to come out of Ubisoft’s riot machine is the announcement that the upcoming instalment in the publisher’s acclaimed action adventure series Assassin’s Creed, titled Unity, will run at 30 frames per second and in 900p resolution on both the Xbox One and PlayStation 4. Of course, this type of polarizing announcement can only widen the gap between the fanbases of Sony and Microsoft, and so it did“, or Forbes where we see “Ubisoft is at least saying something regarding the tech/embargo issues. In terms of technical fixes, Ubisoft didn’t go so far as to apologize to fans for the early troubles, but they did say they are working on fixes past what was already fixed during the day one patch. In another fix patch, they’re taking on glitches like Arno falling through the map and getting stuck on things, and in future patches, they’ll turn to collision problems and framerate issues“, an apology came too weeks later. Yet, this is not about slamming Ubisoft (yes slamming a billion plus company feels good on the ego). This is about the future of gaming. Microsoft has also been active, the XB1 is now backwards compatible with a twist. there are downloadable titles and they did clearly state that you need not pay for titles you own, so that might sound great, but now consider that ‘live’ implies downloading a full game, which means that your 500Gb hardrive will fill up really fast, apaprt from the question is, whether ‘your’ game is on that list. It is still a step forward, but at 4-13 Gb (6 Gb being the average size of a game), with around 250Gb free for content, and of course space needed for other games, you are looking at perhaps 40 games, which of course need to be downloaded too. It is still a nice option to have, but let’s face it, why let go of your Xbox 360? This is about market growth and the Xbox one, which is increasingly hard as Sony v Microsoft consoles is currently set at 2:1, so two PS4’s for every Xbox One. The release day scare tactic (as I saw the Xbox One announcement in 2013) has hurt Microsoft a lot, the fact that they only realise almost two year later that their 500Gb, just does not hack it is equally unsettling.

So where do you the gamer stand?

I personally believe that it has never been about the hype, but about great gameplay. This is exactly why Infamous Second Son came up short, while it had all the elements to be truly great. It feels such a shame to see an 80% game, which could have been a 92% game. Watchdogs has similar issues, but in that case, it is a new game, a first, like Assassins Creed 1, the second game of that IP could blow us all away, it takes only one visionary!

Tomorrow will be the defining moment. Bethesda delivered and exceeded, Ubisoft did not and Microsoft stayed on par, showing a few exclusive teasers, so now it will be up to Sony. If they blow the roof, Xbox will lose a lot of ground, yet we must not forget that Microsoft delivered last year and it still surprises, that part is seen in the game beyond eyes, which could indicate that the exclusivity on Xbox is more than a delay for Sony, it could be reason for people to switch, or to get an additional console and buy games there. That view I hope to give tomorrow, but for today, I can only confirm that the bar set by Bethesda was not surpassed and their games are coming to PS4 (and Microsoft too). Yet, exclusivity is not a fight of Sony vs Microsoft, which is not set by Elite vs No Mans Sky, that part will only set the pace of getting the additional PS4 vs getting the Xbox One too. It is the still waiting population which gives us whether games like Ion and Elite will push the people towards Xbox One that will be partially settled tomorrow, the Tombraider presentation was too much of scripted sequences with times responses. It is the one part of Tombraider I never cared for, what was great, became average. No matter how I feel about Tombraider, you must decide what you like, where your gaming view resides. The upcoming challenge for Sony will be a harsh. They are equal to the task, but will they have the games to make it? You see Microsoft kept the best for last. ‘Rare Replay’ is the trump card from the left field. The very best of gaming that Nintendo 64 offered now on Xbox One resolution. Missing is the Donkey Kong parts with is Nintendo IP, but some of those games are not, which means 30 games for $30, which is a killer option!

To be continued!

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Tagged as Assassins Creed Syndicate, Assassins Creed Unity, DLC, E3, Elite, Ghost Recon Wild land, How the mighty can fall, Infamous: Second son, Microsoft, Nintendo, No man's sky, Rare, Sony, Ubisoft

June 15, 2015 · 00:18

As the heart thumps

We are only two days away from the E3, those who are into gaming will wonder ‘what will we see next?’ We all feel that way, yet lately, the more I see of Elite: Dangerous, the more I await its arrival on PS4. For now it is a Microsoft exclusive. I remember the day I became ‘dangerous’ I had been playing it for quite some time. Consider the screen below. This was the screen we drooled about. It was on a C-64 and it was ‘da bomb’ in those days!

So many hours, at first jumping short distances, hoping no one would attack me, but after my first pulse laser, I got to be cocky (and got killed in the process). Now we see the next gen pics, one is the PC, the other is as I was told the Xbox One edition (this is not a cut scene, this is actual game view). If you think that ‘it is all about the resolution’ then you are quite frankly a nob (or a dweeb). I have been and will remain a Sony fan (I still love my Xbox 360), there is no denying that this game is beyond amazing!

Most information on the XB1 edition so far, I got from YouTube. As I played the original and have had decades of gaming experience (which is why I knew the flaws Microsoft is fixing now, were a solid known issue for me 6 months before the system was released, and not all have been fixed by the way). Now, most gamers will be the Mario kind, or the Grand Theft Auto kind. This game might not appeal to either, yet, I feel that the flight simulator and Role Playing Game kind will truly love this game, and we are in for a lot more heart elevation than just this game!

To get a good initial look of the game then watch this: https://www.youtube.com/watch?v=grIGMs3Kj4k. The man talks clear but waffles a little in the beginning. He is going through it all clearly, so bear with his explanation, because it is worth it! If need be, skip the movie to 4:45, now you see the first glimpse on how a mere idea in 1984, becomes something truly amazing when the computers catch up to the imagination of an individual, in this case the imagination of David Braben and Ian Bell.

This is not a 30 hour game, this is a game that will keep you busy for many months, if not years to get it all to a worthy level, but let that not stop you, because as you evolve from one ship to the next one, you will be able to transport more goods, have better protection and go hunt criminals. The openness of the game that was, was already impressive, the size of the new edition is beyond anything you can imagine. We are talking a few million times larger than the original. For those who like the idea of space exploration, this is one of two games to get.

What is amazing is not just what it looks like now, it is the fact on how the navigation systems from 1984 are still at the core of what is now, it was the most innovative look and now, this view is the centre of aligning your ship and weapons systems towards your enemies. And it does not just ‘seem’ to be the best, as you watch the game on YouTube you can see how fluent the controls seem to be, especially as we consider the response from Blitz ‘Oops! We’re going the wrong way’ moments later it is all back to normal.

The other game to get is ‘No Man’s sky’, but that one I will leave alone, because, too many people are hyping this game, based on the same materials most saw (YouTube and so on). So we will wait for actual release date information.

What is interesting is that leaking information is not just limited to the political branch of the media, it seems that Dishonored 2 information has leaked. Dishonored was the stealth game on 360/PS3/PC, which had open levels and had a steampunk look to it all. The interesting part is that there was no set way to do the game, stealth or kill everyone, you got to choose. Another interesting part was hat when I replayed it on the 360 a while after I completed it, I found in more than one level another way to get the game done, which is awesome, because that gives a clean ‘open level’ approach, something that I am a big fan of. There is still question whether it comes and whether it is a leak or a ‘miscommunication’ but gamers live for these moments, because Dishonored 2 was not in the open pipeline and a fan will get overly enthusiastic when a sequel arrives of a game he is a fan of.

At this point, the Bethesda conference is only 12 hours away! 12 hours until the Fallout 4 trailer will get additional support and information to those who love that game (that would be me). 12 hours after that the show takes off for thousands of gaming fans! There will be joy, there will be tears and there will be outrage. The latter part might be a bit much for Ubisoft, but there is no way to tell how they will fix previous blunders and how they will appease the deserting population they have experienced. Time will tell and on that part I will not speculate at present! I still feel that they could turn it around and rebuild what they had lost, it just takes one truly visionary person (often not found in a board of directors).

Ubisoft does its presentation 20 hours after Bethesda, Bethesda has a 12 hour leap on Microsoft too, so whatever news they bring will get unadulterated limelight for the better part of a day. The rumours are ripe and some state there will be more than just Fallout 4 and Doom, but again, they are just rumours and Fallout 4 is pretty massive sized news, especially as it comes out this year, so that means within the next 6 months.

So why more on games? You see, games are getting to be a much more important part in the lives of people, many of them not into gaming at all. Gaming is now a major player for Trademarks and let’s take a look at patents!

You see, IP Australia tells us “Software inventions must be industrially applied. Software that is merely a procedure for solving a given type of mathematical problem is not patentable”, yet when we look at the The Copyright Act 1968 (Cth) we see the following “Under the Act an article is industrially applied when, with the consent of the copyright owner, fifty or more items are made from it, which we see in section 77, 17. If the design is not able to be registered, for example because it is not new and original, it will still lose copyright protection once it is commercialised section 77“, now we get to the part that matters: “By registering a design under the Designs Act 2003 (Cth), for example a design for a kettle, the owner obtains a monopoly in that design but, unlike with copyright, the protection is only for a maximum of ten years and not for the life of the owner. With copyright the owner does not obtain a monopoly. If two people independently prepare a drawing of a kettle neither infringes copyright in the other’s drawing. The registration of a design gives the owner a monopoly in that design and the owner can prevent another applying the design, or any fraudulent or obvious imitation of it, to any article in respect of which the design is registered [see s 71(1)]”

This jewel comes from the Legal Commission of South Australia (at http://www.lawhandbook.sa.gov.au/ch11s12.php).

New we get back to the gem, the jewel of gaming, Elite. I mentioned that navigational part of the game, which is the kettle. Was it registered, is it protected? Let’s not forget that ‘it will still lose copyright protection once it is commercialised [s 77]’, which gets us to the need for protection for these games and the growing powers of trademarks and Patents. Yet, trying to get a Trade Mark or Patent after you gone public is another matter, so what legal protection did these new makers prepare?

Consider the uniqueness of the Elite navigation display, how protected is it? You might think that this is a joke, but it is not. A new game will cost between 20-150 million dollars, so you need to get it right and make sure you have your protection in place. Even though larger productions are less likely to fear Trade Marks or Patent infringement (usually they fear industrial espionage), but having the protection just makes your case stronger. So here is the Crux for some of the new Law firms. If you take time to visit the E3, how many products are in need for protection? Who has actually done the full scope of this? IP is an evolving market, the protection required will increase with every iteration of the game. You see, the gaming industry has arrived in the location, the hardware industry was in 1998. Now that makers will return to an annual release of a game, an iteration of the original, the game will also face the danger of a ‘white’ version. A look that is similar (but not ‘looks alike’) that provides the gameplay the gamer would like. You see, no matter how their marketing division brings it, Assassins Creed 2, AC Brotherhood, AC Revelations, AC3 and AC Black Flag are in many parts similar, as such, game makers have had 5-7 years to catch up, 3-5 years for those who waited for the second one to become a hit. As such, in light of the fact that re-engineering can usually be done in 40% of the timeframe, the need for legal protection will increase almost exponentially. Do you think that no one else is now thinking of a ‘new’ GTA5? The game brought in a billion dollars, so YES! There is someone trying to flog of a new game offering a similar game. It only takes one innovative part for the original to feel the pain of losing a market share. There is however a change, you see, some still feel the following description: “Obtaining a patent is a long, tedious, and expensive process, that it can be challenged by the examiners and later by others in court“. Yet the Patent Cooperation Treaty (PCT), which is internationally accepted, has an international patent, which does not have the same threshold patents used to have, which means filing is easier and most important cheaper!

If we look at the definitions in section 39.1 of the PCT treaty, we see :”(vi) computer programs to the extent that the International Searching Authority is not equipped to search prior art concerning such programs“, yet is that not a failing of the organisation? The fact that a billion in revenue cannot be protected, is perhaps slightly ludicrous. Again, in Robert Bosch v Siemens we see: “However, it is not to be inferred from these rules that searches or examinations in the software field are to be ruled out in international authorities. On the contrary, it seems to the board that according to the PCT searches and, if applicable, examinations of this type can and may very well (perhaps even should) be carried out if the competent authority is appropriately equipped“.

So, the victims remain as international authorities are ‘trying’ to get equipped? There is enough here to see a needed evolution that not unlike Torts will go on a case to case bases. The case on Sega v Fox Interactive, Electronic Arts, and Radical Entertainment regarding a US Patent, which was settled for an undisclosed amount. There the core of the infringement was the navigation system, the copied one was ‘too’ similar.

The core of gaming is expected to exceed 80 billion in 2015, that target is already likely to be exceeded, so as we see that gaming is now expected to overtake BI Intelligence market revenue by 1300% (yes thirteen hundred), we can surely see the short path we have in view as the need for software patents are required to strengthen an iterative market. Even though there will be some protection in Trade Marks as the branding of a game is too similar, consider the quote “if the novel elements are functional, the item cannot be copyrighted: although it might be eligible for patent protection“, which takes us back to Elite as a first example. Its navigation is quite unique, I have not ever seen it anywhere else to that extend and now as the larger masses go to play, such protection is more and more an issue. Take into consideration that the affordability of patents are now a fact, giving an option to patent, until opposed (which still needs to be decided), we have enough to see the change in the gaming industry, IP is taking a foothold, so when you follow the E3, see how often you hear the term, ‘our new IP’, because that part will take centre stage as per last year. So where are you now in all this?

More interesting, which law firms are considering evolving their portfolio with the gaming industry, which is only an $80 billion market for now!

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Tagged as AC Black Flag, AC Brotherhood, AC Revelations, AC3, Assassins Creed 2, Copyright Act 1968, David Braben, Designs Act 2003 (Cth), Elite: Dangerous, Ian Bell, IP, Microsoft, PCT treaty, PS4, Robert Bosch v Siemens, Role Playing Game, Sony, xbox 360, Xbox One, Youtube

June 11, 2015 · 20:34

A week of Awesome

It is now 2 years since the site team of Gamespot showed all lack of insight, sense of humour and based on their ego alone decided to ban me. Ah well! Such is life! The weekend of Awesome is coming to the You Es of A! The E3 is coming and all gamers are looking forward to the avalanche of games and releases. But as there is much to be joyous about, there will also be several issues that the makers, shakers and bakers will be confronted with.

Some of the games, teased with last year are still not released

The most memorable issues are Metal Gear Solid 5, still to come. Batman Arkham Knight, Mass Effect 4, Elder Scrolls online (consoles). The Division, which has faced massive delays and Fable Legends. In all honesty, some had a 2015 release, but no date given. Yet, the feeling that gamers are now faced with is the fact that gamers will be a lot more sceptical, Ubisoft will need to show the best of what they got and with the failing of AC: Unity, visitors might end up getting really cool extras from Ubisoft as they are trying to mend fences with the gaming community.

The makers of Mass Effect will also need to give a view of what is truly in store, even though they have not been announced at present. What will be interesting will be the Microsoft event. You see, their initial crash and burn was partially fixed last year at E3 2014. Than something happened, you see Microsoft delivered and brought the Xbox one community a decent year, in my view a much better year than Sony delivered. In that regard, Sony might need to deliver extra and better than last year. Many gamers are still unsettled that the achievements are not visible off line. Several other issues have been targeted, but overall Sony did not do too badly, it is the fact that Xbox One did so well is why PS4 lost some headway.

Will it all be about the new games? The announcement of Fallout 4 only days ago will have the gaming community riled like nothing the E3 has seen, especially in light of the disappointment that ESO (Elder Scrolls Online) have left the people feeling. Even though they have been strong to try to fix the damage, more work will be needed and the true feelings of the game via the consoles is as I reckon the time line, 2 months away, so AFTER the E3 2015 has passed.

The announced game for this year, No Mans Sky will be the front runner for loads of praise and awards, in addition, I partially expect that the official launch date will be given at that point. For the Sony players (PS4) one of the most desired answers will be the time of the exclusivity that Xbox players will get on Elite: Dangerous. Many PS4 people (including me) are very much looking forward to that game. I played it on the BBC Micro B as well as the CBM-64. What was shown last year for PC was very much what gamer’s desire, so I can’t wait to see that release. In addition, even though there is no news on Mass Effect 4, what about the rumours on the trilogy being remastered for nextgen? Will we hear the confirmation? We are one week away from finding out more!

The E3 will have all kinds of information, all kinds of confirmation and in some cases even less answers, but that is the magic of the E3, whether you are the gamer of death, the gamer of collection or the family gamer, the E3 will have something of your liking. Yet the trend we face is not the greatest one. Yes, I loved Ratchet and Clank and I would love to play it again, but is it more of the same? You see, Mass Effect 4, MGS5 and Fallout 4 might be new games, but they are mostly new iterations of a game we love. This is not a bad thing, it just is a fact!

You see, last year we got teased with Splatoon, The XB1 fans got a treat with Sunset overdrive, but now? What is coming not that is totally new? The division is delayed, a final date of no man’s sky is not set and Elite is locked to non-Sony gamers. What will the PS4 bring that is totally new?

Well, if you follow the people as they all went to the rapture, you will actually see something that is new. Not unique, but truly new. Which is good for Sony, but that might just be a temporary advantage. Part of me does hope it will get to other platforms, because this is a newer approach to open world gaming, which could spark a new generation of games. In the end exclusivity is nice if you have the console, but open to all is a massive driver to games, which is why some of those acts of exclusivity tends to be counterproductive a I see it.

The countdown of E3 has started, 5 days to go!

Let the gaming commence!

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Tagged as E3, Elder Scrolls Online, Mass Effect, Sony

June 5, 2015 · 20:58

In reference to the router

Is this a case of Mythopoeia? Am I the JRR Tolkien of bloggers (I wish) and writer of facts by a non-journalist? It might be. You see, this is all about a mythological theme that is constant as war is, because war never changes! Its concept and construct is as old as the first ‘soldier’ who combined a flint and a stick and started to spear people. In this mindset it is all about the other person, an archaic approach to the issue that does not lie beneath, it’s in front of the person not seeing what is right in front of him/her.

It is also the first evidence that we consider the concept ‘old soldier never die, they simply fade away’ to be no longer a genuine consideration. In this day and age, the old soldier gets his/her references deleted from the database of considerations. We remain with nothing more than an old person that cannot connect or interact, the router won’t let him/her!

This is how it begins, this is about certain events that just occurred, but I will specify this momentarily, you see, it goes back to an issue that Sony remembers rather well they got hacked. It was a long and hard task to get into that place Login=BigBossKazuoHirai; Password=WhereDreamsComeTrue;

Soon thereafter no more firewall, no more routers, just the bliss of cloud servers and data, so much data! The people behind it were clever, and soon it was gone and the blame fell to the one nation that does not even have the bandwidth to get 10% past anything. Yes, North Korea got blamed and got fingered and in all that the FBI and other spokespeople gave the notion that it was North Korea. The people who understand the world of data know better, it was the only player less then least likely to get it done, the knowhow and the infrastructure just isn’t there. I did have a theory on how it was done and I published that on February 8th 2015 (at https://lawlordtobe.com/2015/02/08/the-next-cyber-wave/) in the article called ‘The next cyber wave’. It is only a theory, but it is a lot more reliable and likely than a North Korean incursion because of a movie no one cares about.

The FBI has plenty of achievements (FIFA being the latest one), but within the FBI there is a weakness, not a failing, but a weakness. Because the US has such a niche setup for NSA, CIA and other Intel officers, their offices are for the most still archaic when it come to the digital era. They go to all the events, spend millions on courses and keep up to date, but for the most, these people are following a wave that is one generation old, they follow, they do not lead. The entire Edward Snowden issue is clear evidence. I remain to regard him a joke, not a hacker, so far he is just placed on a pedestal by the press, who have created something unreal and whatever they do not to change it, it will only cut themselves. That is the fall-back of creating an artificial hero who isn’t one.

Yet, this is not about Snowden, he is only an element. Now we get to the concept of paleo-philosophy and how it hits government structures behind IT. This all started yesterday (at http://www.theguardian.com/technology/2015/jun/04/us-government-massive-data-breach-employee-records-security-clearances), where we see ‘OPM hack: China blamed for massive breach of US government data’. Now first of all, if one power can do this, than it is China! France, UK and a few others can do it too, but let’s just assume it is not an ally! Here is where the entire paleo-philosophy comes into play. You see, even though war remained constant, the players changed and for the most, it is no longer about governments. This is all about corporations. Even the movies are catching on, there is no true side to Russia or China as the enemy. Yes, their students might do it to impress their superiors/professors, but that would just be there defining moment. Ethan Hunt is not hunting a nation, it is now hunting conglomerates, large players who remain and require to be zero percent taxable. Those are the actual ream enemies for the UK, the US and China. You see, I am not stating it was not China, I am only questioning the reasoning and other acts. You see, I tried to get an answer from State Secretary John Kerry at +1-202-647-9572, who does not seem to be answering the phone, neither is his right hand man, Jonathan J. Finer at +1-7234 202-647-8633. This is not a secret, the State Department has the PDF with office numbers, locations and phone numbers in an open PDF and you can Google the little sucker! In the age where loads of stuff is open the right person can combine tonnes of data in a moment’s notice.

So can the larger players! The quote in the beginning is the kicker “the impact of a massive data breach involving the agency that handles security clearances and US government employee records“, you see loads of this information is already with intelligence parts and counter parts. I reckon Beijing and Moscow had updated the records within the hour that the next record keeper moved into the office. Yet, now in 2015, as the engine starts up for the presidential elections of 2016, that data is important to plenty of non-governments, that part is not seen anywhere is it?

Then we get “A US law enforcement source told the Reuters news agency on Thursday night that a ‘foreign entity or government’ was believed to be behind the attack“, which is fair enough, so how was the jump made to China? You see, only 5 weeks ago, the Financial Review gave us “US Treasury pressures Tony Abbott to drop ‘Google tax’” (at http://www.afr.com/news/policy/tax/us-treasury-pressures-tony-abbott-to-drop-google-tax-20150428-1mu2sg). So as the Obama administration ‘vowed’ to crackdown on Tax avoidance, they are really not the player who wants to do anything to upset those luscious donators of pieces of currency paper (loads of currency paper), so a mere 6 months later the US, is trying to undo what they promised, whilst still trying to push the TPP papers through the throats of consumers everywhere, what an interesting web we weave!

You see, for the large corporation that list of who has access to papers, and his/her situation is worth gold today, for the Chinese a lot less so. Yet, I am not writing China off as a possible culprit! Let’s face it, they are not North Korea, which means that they do not need to power their router with a Philips 7424 Generator! So at this point, I would tend to agree with Chinese foreign ministry spokesman Hong Lei who branded the accusations “irresponsible and unscientific” at a news briefing on Friday.

Now we get to the quote that is central to the entire paleo-philosophy matters: “DHS is continuing to monitor federal networks for any suspicious activity and is working aggressively with the affected agencies to conduct investigative analysis to assess the extent of this alleged intrusion”, first of all, I am not having a go at the DHS. I have done so in the past with good reason, but this is not that case. I think that in many areas government in not just falling behind, it started to fall behind in 2005 and has been falling behind ever since. Not just them though, organised large corporations like Sony, CVS Health, Valero Energy and Express Scripts Holding are only a few of the corporations that do not even realise the predicament they are in. The Deep Web is not just a place or a community, some of the players there have been organising and have been sharing and evolving that what they know. A massive pool of information, because Data is money, governments know it, corporation know it and THE HACKERS know it too. For them it is all relative easy, they have been living and walking the cloud data with the greatest of ease they can conflict data points and flood certain shared data hosts, only to achieve to get behind the corridor and remain invisible whilst the data is available at their leisure. In that environment the intelligence community is still trying to catch up with the basics (compared to where the hackers are). You see, whilst people in corporations and government are all about politics, those hackers were bout mayhem and anarchy, now they are figuring out that these skills get them a wealthy and luxurious lifestyle and they like the idea of not having a degree whilst owning most of Malibu Drive, a 21^st century Point Break, where the funds allow them to party all the time. Corporations got them into that thinking mode. So were the culprits ‘merely’ hackers or was it a foreign government? That is the question I am unable to answer with facts, but to point at China being likely is event less assuring. Consider who gains power with that data? This much data can be up for sale, it can be utilised. In the premise of both, China is not unlikely, but what is ‘more likely than not’ is also a matter, even though that question is less easily answered and without evidence (I have none) any answer should not be regarded as reliable!

Now we get to the quote “Embassy spokesman Zhu Haiquan said China had made great efforts to combat cyberattacks and that tracking such events conducted across borders was difficult” it is correct, it matters and it is to the point. In addition, we must accept that trackers can also be set on the wrong path, it is not easy, but it can be done, both the hackers and China have skills there, as do the NSA and GCHQ. Yet, in all that, with the Sony hack still fresh in memory, who did it, which is the interesting question, but WHY is more interesting. We tend to focus on clearances here, but what else was there? What if the OPM has health details? What is the value of health risk analyses of 4 million people? At $10 a month that is a quick and easy half a billion isn’t it?

You see, the final part is seen here: “DHS is continuing to monitor federal networks for any suspicious activity and is working aggressively with the affected agencies to conduct investigative analysis to assess the extent of this alleged intrusion”, This is to be expected, but the intruders know this too, so how did they get past it all again? That is the issue, I gave in my earlier blog one possible solution, but that could only be done through the inside person, to be clear of that, someone did a similar thing in the cloud, or in the stream of data, in a way that it does not show. Perhaps a mere pressure of data in a shared cloud point is all it took to get past the security. How many data packages are lost? what intel is gained from there, perhaps it is just a pure replication of packages job, there is no proper way to monitor data in transit, not in cloudy conditions, so as we see that more data is ‘breached’ we all must wonder what the data holders, both government and non-government are not ready for. It is the data of you and me that gets ‘sold’ who does it get sold to?

So as we see an article of a data hack and a photo of routers and wiring, which looks geeky and techy, was this in reference to the router? Or perhaps it is in reference to a reality many in charge are not ready to face any day soon, and in light of the upcoming US elections of 2016, some of these politicians definitely do not want to face it before 2017. Like the Google Tax, let the next person fix it!

A preferred political approach that will allow them to lose exclusivity of your data real fast!

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Tagged as Australian Financial Review, China, CVS Health, Deep Web, DHS, Express Scripts Holding, GCHQ, Hackers, Hong Lei, Jonathan J. Finer, North-Korea, NSA, OPM Hack, Philips 7424 Generator, reuters, Sony, Sony Hack, State Secretary John Kerry, the Guardian, TPP, Valero Energy, Zhu Haiquan

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